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Covenant Regarding Real Property 2022-0243959RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2022-0243959 111111111111111111111111111111111111111111111111011111111111111111111 Jun 10, 2022 08:51 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $20.00 (SB2 Atkins: $0.00) PAGES: 3 (This space for Recorder's Use) APN: 278-181-23-00 COVENANT REGARDING REAL PROPERTY John Gavan Living Trust and Carrie Arendt Living Trust ("OWNER" hereinafter), is the owner of real property commonly known as 14908 Gavan Vista Road ("PROPERTY" hereinafter). Pursuant to Poway Municipal Code Section 17.08.180(A)(14) and in consideration of the approval of Building Permit B22-1072, a request to construct an Accessory Dwelling Unit ("ADU" hereinafter) at the above -referenced property, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees that if either the main residence or the ADU is rented, the rental term shall be longer than 30 days. Upon granting of the certificate of occupancy in accordance with Building Permit B22- 1072, there will be a maximum of two permitted housing units on the PROPERTY. This Covenant shall run with the land, inure to the benefit of and be binding upon Owner, future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties, and is hereby expressly declared to be enforceable by the City of Poway. In the event that a Building Permit is never obtained to construct the proposed ADU at the request of the OWNER, the CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: 7— Dated: Dated: g/4X6 Ard.v? a_ OWNER OR AUTHOR! D AGENT: John Gavan Lj st and Carrie Arendt Living Trust Gavan Living Trust Carrie Arendt, ustee bf Carrie Arendt Living Trust CITY OF PWAY: J. Manis,ibirector f ,evelo ment Services (Signatures must be notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sc, ‘-"3 On N-kOA3 `2.-t) 'O.— before me, is-kr C.-oL._\c:Xa. Notary Public, Here Insert Name and Title of the Officer Date personally appeared CAOJJ o-v' Ojj Qoi-r; € A r-Ir‘c..)• Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)—Ware subscribed to the within instrument and acknowledged to me that heishatthey executed the same in hisi-her/their authorized capacity(ies), and that by hisilaer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DIPTI M. BABLA CoMM.# 2347715 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA Vi SAN DIEGO COUNTY MY COMM. EXP. FEB. 18, 20251i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notaiy Seal Above Signature OPTIONAL Signattire of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Lev N,r.Piior\. Document Date: "S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Cl Corporate Officer — Title(s): 0 Partner — El Limited 0 General 0 Individual Attomey in Fact Trustee [11 Guardian or Conservator 0 Other: Signer Is Representing: cf,%r kik:Sr PQZAj Signer's Name: El Corporate Officer — Title(s): 0 Partner — Eli Limited Ei General LI Individual LI Attorney in Fact Ei Trustee El Guardian or Conservator LI Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On June 1, 2022 Date personally appeared ) before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A .a A AA A A A A AA YVONNE MANNION Notary Public - California z San Diego County Commission # 2363699 My Comm. Expires Jul 1, 2025 Place Notary Seal Above SignatureAi, t\_'\: a•.� OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Covenant Regarding Real Property B22-1072 Document Date: Number of Pages: Signer(s) Other Than Named Above: Signature of Notary Public Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907